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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Are Heads of Agreement signed and witnessed by solicitors

Resolved Question:

Are Heads of Agreement signed and witnessed by solicitors binding
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please?
Clare
Customer: replied 2 years ago.

Hi Clare,

A couple are in the process of separating( my daughter).A settlement meeting was arranged at which Heads Of Agreement were drawn up by the respective barristers,signed by the couple and witnessed by both solicitors.One party now wants to add in a detailed schedule of access to children even though there was no reference to a schedule in the signed agreement -just a statement that access would be as agreed between the parties with family mediation in the event of disagreement.Also he wants to add in a clause that each would retain their cars with no adjustment for difference in values (differerence per Affidavits Of Means-3.3k) Matt.

Expert:  Clare replied 2 years ago.
Hi
What was the actual agreement with regard to the cars?
Clare
Customer: replied 2 years ago.

Hi,

The agreement was silent about cars.

Regards,

Matt

Expert:  Clare replied 2 years ago.
Hi
What were the actual terms agreed?
Clare
Customer: replied 2 years ago.
Relist: Other.
Hi,
I asked a question but got no answer-just requests for more information.I want to withdraw my question and have the charge refunded.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - but without further information about what the terms were it is impossible to fully answer your question - only give an overview.
In principle the Heads of Agreement are binding.
However the very fact that it is termed a "Heads of Agreement" rather than a final Consent Order indicates that it was accepted that small amendments or additions were likely to be made.
With regard to the Schedule of Contact there is no reason not to include it - and no reason to do so other than as a record of what was agreed.
It will not be enforceable in the current format and neither would a breach of it have any financial implication.
With regard to the cars from what you have said this is in fact inline with what was agreed - assuming that the overall financial terms were agreed.
If you do want a more detailed reply then I do need to know the basic terms agreed
Clare
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